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OLOTH INSYXIENGMAY v. MORGAN

No. 02-36017.

403 F.3d 657 (2005)

OLOTH INSYXIENGMAY, Petitioner-Appellant, v. Richard MORGAN, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed March 30, 2005.

Attorney(s) appearing for the Case

Nancy D. Tenney and Laura E. Mate, Federal Public Defender's Office, Seattle, WA, for the petitioner-appellant.

Christine O. Gregoire and John J. Samson, Office of the Washington Attorney General, Olympia, WA, for the respondent-appellee.

Before: D.W. NELSON, REINHARDT, and THOMAS, Circuit Judges.

REINHARDT, Circuit Judge:

Oloth Insyxiengmay was convicted of two counts of murder in the first degree and two counts of assault in the first degree for an attack on four high school teens who egged his gang's hangout. Following his conviction and a series of appeals in the Washington state courts, Insyxiengmay petitioned the district court for a writ of habeas corpus. He now contends that the district court erred in dismissing three of the six claims on the ground...

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